65- 407 C.M.R. ch. 293, § 11

Current through 2024-51, December 18, 2024
Section 407-293-11 - NOTICE TO COMMISSION AND TO RETAIL CUSTOMERS WHEN UNDERLYING CARRIER DISCONTINUES SERVICE TO CLEC
A.Notice to Commission When Underlying Carrier Notifies CLEC of Discontinuance of Service. If a local exchange carrier providing wholesale local exchange service or unbundled network elements (UNEs, including UNE-platform) to a CLEC provides notice to the CLEC that it will be terminating the wholesale service or provision of UNEs (whether for nonpayment or otherwise), it shall simultaneously provide notice of the potential termination to the Commission. The local exchange carrier providing notice of termination shall provide the notice at least 28 days (4 weeks) prior to the stated termination date unless a longer period is specified in the interconnection agreement between the two carriers.
B.Notice By CLEC to Customers of Discontinuance of Service or Likelihood of Inability to Provide Service
1.General Requirement. Within 14 days following receipt of a notice provided to a CLEC pursuant to Section 11(A), the CLEC must provide notice to its retail customers of actual or likely termination 14 days following the sending of the notice. The notice must comply with all requirements of Section 7(B) (other than the time period stated in that provision) and Section 13, and shall state the more accurate of the following two statements:
a. the CLEC will terminate retail local exchange service to the customer 14 days after the sending of the notice and the customer should make arrangements for service from another local exchange carrier; or
b. there is a strong likelihood that the CLEC will not be able to provide local exchange service 14 days after the sending of the notice and the customer may want to make arrangements for service by another carrier.
2.Exception: Approval by Commission. A CLEC subject to termination of service from another local exchange carrier does not need to provide the notice required by Section 11(B)(1) if it establishes to the satisfaction of the Commission or the Director of the Consumer Assistance Division that it will be able to continue to provide local exchange service.
3.Exception: Alternative Notice. With the approval of the Commission, a CLEC subject to termination of service from another local exchange carrier may provide notice containing contents different from those required by Section 11(B)(1) if it establishes to the satisfaction of the Commission or the Director of the Consumer Assistance Division that its circumstances differ materially from either of the circumstances described in Section 11(B)(1).
C.Provision of E-911 Service After Disconnection of Local Service. If the CLEC subject to disconnection is actually disconnected, it shall comply with the provisions of Section 10.

65- 407 C.M.R. ch. 293, § 11